- (1) No Board member shall be entitled to vote in any disciplinary matter if the Board member is personally biased against the respondent or when such voting would violate the provisions of the Alabama Administrative Procedure Act, Section 18(1).
- (2) Any respondent in a disciplinary action who wishes to assert bias or conflict may do so by filing with the executive director at least three days before the scheduled disciplinary hearing an affidavit asserting the disqualification together with the underlying factual basis for the assertion.
- (3) The Board shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other question is decided.
Author: Herbert R. Caillouet, Donald L. Hiltz, Bernard Harris
Statutory Authority: Code of Ala. 1975, §34-24-193.
Editor’s Note: Rule .09 was renumbered .10 as per certification published April 30, 2024; effective June 14, 2024.
History: Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Repealed and New Rule: Filed May 12, 2017; effective June 26, 2017. Amended: Published April 30, 2024; effective June 14, 2024.